CATIPULT Self-Implementer and Catipult PLUS LEVEL MEMBERSHIP AGREEMENT (updated 9/2022)

In order to use CATIPULT Catipult Self-Implementer Services and Catipult Plus Level Software, please accept our Terms & Conditions: [ultimate_gdpr_terms_accept]

The terms and conditions ("Terms") of this membership agreement ("Agreement") govern your use of CATIPULT Catipult Self-Implementer Level (Catipult Plus Level) and the provision of Our Services through Catipult Plus Level. As used herein Catipult Plus Level refers to the Catipult Plus Level website itself (https://www.catipult.ai) and any services we provide through the website.

These Terms are a contract between you and Catipult, Inc., LLC (Catipult, "Our", "We" and "Us"). You must read and agree to these Terms before using Catipult Plus Level. If you do not agree, you may not use Catipult Plus Level. These Terms describe your rights and responsibilities as well as what you can expect from Catipult Plus Level.

By clicking "Accept" at the top of this Agreement, you acknowledge that you have read this Agreement, that you understand its Terms, and that you agree to be legally bound by this Agreement and its Terms.

If you create a Catipult Plus Level account for another person solely as a means for subsidizing their fees for the account, you ("Patron") must notify that person ("Beneficiary") that Beneficiary's ability to use Catipult Plus Level is conditioned on Beneficiary's acceptance of these Terms. Patron may not share the Beneficiary's account, and must have their own account to receive any of the account-holder benefits described below.

No matter who created your account for Catipult Plus Level, your use of Catipult Plus Level serves as an acknowledgment that you understand these Terms and agree to be bound by them.

We own and operate Catipult Plus Level and reserve the right to add, delete, and/or modify any of the Terms, at any time and in Our sole discretion, by posting a change notice or a new Terms on Catipult Plus Level. In the event of material changes to these Terms, you will be notified by email and/or will be presented with notice upon logging in to Catipult Plus Level.

The territory of this Agreement is worldwide.

1. Fees:

You agree to pay the fee for Catipult Self-Implementer Services and software that is posted on Catipult's website, in the self-checkout portal.

2. Refunds:

No refunds for the services charge or Catipult Plus subscription will be given.

3. Cancelation:

Catipult's Self-Implementer services will be completed between 60-90 days from the date of purchase. Any cancelation before the contract ends will result in services not being rendered and fees not being refunded.

4. Our Services

  1. Catipult Self-Implementer services will include coaching services that will complete the set-up of your Catipult Plus subscription, establish level two and three KPIs, train the designated administrator on the weekly 80 meeting facilitation, and conduct one six-week tactical meeting.
  2. Catipult Plus Level Software is provided solely for the purpose of helping individuals become experts at using Our content, model, tools and process to implement CATIPULT® as purely as possible into their organization or other organizations.
  3. If you subscribe to Catipult Plus Level, You agree to pay the monthly membership fee ("Monthly Membership Fee") in effect. You agree to, and authorize automatic recurring billing of the Monthly Membership Fee to your credit card until your Catipult Plus Level membership is canceled or terminated.
  4. If you are not a "Professional CATIPULT Certified Coach" or "Certified CATIPULT Certified Coach," the Monthly Membership fee as of September 1, 2022 will be $495 per month.
  5. If you are a Professional CATIPULT Certified Coach or Certified CATIPULT Certified Coach, the Monthly Membership fee as of September 1, 2022 will be $495 per month (+) the certification fee, which includes all features and functionality listed on the Catipult website.
  6. If you are a Professional or Certified CATIPULT Certified Coach, maintaining your status as a Professional or Certified CATIPULT Certified Coach requires you to maintain a continuous membership to Catipult Plus Level with no lapses in the continuous membership. If such a lapse occurs unintentionally during a given month, due to an expired or canceled credit card, your Monthly Membership Fee for the subsequent month will be increased based on the number of lapsed days from the given month to cover payment for the lapsed days.
  7. You understand and agree the Monthly Membership Fee is not refundable and will not be prorated. For example, if you cancel your Catipult Plus Level account or We terminate your Catipult Plus Level account before the end of a monthly billing period for which you have paid for access to CATIPULT Catipult Plus Level, you will not be refunded for the remaining days in the monthly billing period. Also, if you lose your status as a Professional or Certified CATIPULT Certified Coach for part of a monthly billing period, you will not be refunded the difference between the Professional/Certified rate and the non-Professional/Certified rate for the Monthly Membership Fee for the remainder of the billing period.

5. We reserve the right to change the Monthly Membership Fee in the future.

Any change in the Monthly Membership Fee will be effective not less than thirty (30) days following either Our dispatch of a notice to you or Our posting of such change on Catipult Plus Level.

6. Use of Catipult Plus Level

  1. We will only knowingly provide access to Catipult Plus Level to anyone that can lawfully enter and form contracts under applicable law. Catipult Plus Level is not for individuals under the age of 18 and any such use is prohibited.
  2. You must comply, always, with all of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use Catipult Plus Level.
  3. All intellectual property and other rights, title, and interest in and to Catipult Plus Level, including the registered and unregistered trademarks and copyrights related to Catipult Plus Level, and the content and materials accessible on and/or through Catipult Plus Level are owned by Us. Except as otherwise provided in these Terms, You will not acquire any right, title, or interest in such intellectual property rights or otherwise.
  4. Subject to the limitations and criteria below and your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license ("Limited License") to access and use Catipult Plus Level and its content.
  5. You understand that only you may use your Catipult Plus Level user account and password, and that your Catipult Plus Level membership is only valid for your personal use and may not be utilized by or shared with others. If you use Catipult Plus Level and/or conduct yourself in a manner that exceeds the scope of the Limited License or breaches any of these Terms, your Limited License shall terminate immediately and We may pursue all legal remedies available to Us under these Terms and the law.

7. Copyrights

  1. Catipult, Inc. is the owner and entity having the exclusive right to sub-license the copyrights in all content on or accessible through Catipult Plus Level, such as text, graphics, logos, images, audio clips, information, data, graphs, videos, Catipult and other material (the "Website Content"), and in the content of its written materials, including the Leadership Team Manual ("Written Materials").
  2. The Limited License permits you to access and use the Website Content, which right is conditioned on your compliance with the Terms.
  3. You may not download videos and/or audio clips from Catipult Plus Level, unless otherwise specified by Us. Other Website Content may be downloaded for your personal use, but may not otherwise be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise shared with others for any purpose whatsoever unless We expressly grant that permission for specific content items.
  4. You may not modify, sell, transfer, assign, license, sublicense or modify any of the Website Content or Written Materials, or create derivative works based on the Website Content or Written Materials without Our express authorization.

8. Trademarks

  1. Catipult, Inc. is the owner of the trademarks ("Trademarks").
  2. If you are a Catipult Plus Level subscriber and are an "CATIPULT Certified Coach" as defined in the "CATIPULT TRADEMARK USAGE AND CERTIFIED COACH QUALITY GUIDELINES", the Limited License includes a limited, non-exclusive, non-transferable, revocable license to use the Trademarks, in accordance with the terms of the "CATIPULT TRADEMARK USAGE AND CERTIFIED COACH QUALITY GUIDELINES" and any guidelines on the Branding Microsite (collectively, the "CATIPULT TRADEMARK USAGE AND CERTIFIED COACH QUALITY GUIDELINES" and guidelines from the Branding Microsite will be referred to as the "Guidelines"), subject to the limitations discussed in this Agreement.
  3. If you are not an CATIPULT Certified Coach, your Limited License does not include a license to use the Trademarks.
  4. You may not refer to yourself as a Professional CATIPULT Certified Coach or Certified CATIPULT Certified Coach unless you (1) have satisfied and continue to satisfy all of the criteria for one of those designations, (2) have written approval from CATIPULT to refer yourself with one of those designations, and (3) that written approval has not been revoked.
  5. You agree that your use of the Trademarks inures to the benefit of Us and that you shall not acquire any rights in the Trademarks.
  6. You agree not to utilize any foreign translations of the Trademarks unless you have our express authorization from Us.
  7. We have the right to revoke your Limited License if you cease being a Catipult Plus Level Subscriber or fail to comply with any of the Guidelines, or any of the Terms.
  8. You will not file for trademark protection for any of the Trademarks in any jurisdiction unless We have given you express permission to perform such a filing.
  9. You may not sell, transfer, assign, license, sublicense, or modify any of the Trademarks.

9. Third Party Services

We may provide links from Catipult Plus Level to other websites that are not affiliated with, under the control of, or otherwise maintained by Us, and may use third parties to provide certain services accessible through Catipult Plus Level. We do not control those third parties or their services, and you agree that We will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies, which you must comply with when you use these services. If any such terms or policies conflict with these Terms, you must comply with Our Terms, as applicable. We do not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

10. General Rules

  1. Prohibited Use. You may only use Catipult Plus Level to educate yourself about CATIPULT for the purpose of implementing CATIPULT®. You shall not cause harm to Catipult Plus Level. Specifically, but not by way of limitation, you shall not:
    • (a) interfere with Catipult Plus Level by using viruses or any other programs or technology designed to disrupt or damage Catipult Plus Level
    • (b) collect electronic mail addresses or other information from third parties by using Catipult Plus Level
    • (c) impersonate another person or entity
    • (d) without the written authorization from CATIPULT, in its sole discretion, use Our logos, graphics, Trademarks (registered or not registered) in your business name, website domain (URL), email address, logo, tag line, favicon or in any other manner whatsoever unless such use is otherwise permitted on the Branding Microsite
    • (e) engage in any activity that interferes with another user's ability to use or enjoy Catipult Plus Level
    • (f) assist or encourage any third party in engaging in any activity prohibited by these Terms
  2. Only Catipult Plus Level members that are CATIPULT Certified Coaches (as defined in the Guidelines) shall have the limited right to access and use the Website Content, in the form as provided, for purposes of providing CATIPULT implementation services to third parties for a fee, subject to the limitations defined in the Guidelines and these Terms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Website Content. Downloading video content from Catipult Plus Level for any purpose is strictly prohibited.
  3. Privacy Policy. You agree to Our collection, use, and disclosure of your personal information in accordance with Our Privacy Policy.
  4. Ordering Policies. If you purchase any of Our products and/or services, you agree that your use of the product or service is limited by these Terms.
  5. Password Restricted Areas of the Website. Areas of the Catipult Plus Level are password restricted to member users ("Password Protected Areas"). As a Catipult Plus Level member, you agree that you are entirely responsible for maintaining the confidentiality of your password and agree to notify Us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.

11. Reservation of Rights

  1. Monitoring. We reserve the right, but do not assume the obligation, to monitor communications that occur through Catipult Plus Level portal access.
  2. Modification of the Service. We may modify the Catipult Plus Level at any time with or without notice to you and will incur no liability for doing so.

12. Etiquette

We ask that you respect Catipult Plus Level and that your conduct when using Catipult Plus Level should be guided by common sense and basic etiquette. To further these common goals, you agree not to do any of the following:

  • (a) impersonate or represent Us
  • (b) link to or post content not allowed on the Website
  • (c) solicit a Catipult Plus Level user's password or other account information
  • (d) use racially or ethnically offensive language, discuss or incite illegal activity, use explicit/obscene language, or solicit/post sexually explicit images
  • (e) violate any law

13. Non-disparagement

You agree not to make any oral or written statement to existing or potential clients of Catipult, Inc. or to other CATIPULT Certified Coaches about CATIPULT or Catipult Plus Level which are intended or reasonably likely to disparage the reputation of Catipult, Inc., the , and/or Catipult Plus Level.

14. Representations and Warranties

You represent and warrant to Us that, in your use of Catipult Plus Level, you:

  • (a) will comply with all applicable laws, rules, policies and regulations, and
  • (b) you will provide correct, current, and complete billing and contact information.

15. Disclaimers and Exclusions

  1. DISCLAIMER OF WARRANTIES. WE PROVIDE CATIPULT PLUS LEVEL, AND ALL CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT CATIPULT PLUS LEVEL:
    • (a) WILL BE UNINTERRUPTED
    • (b) WILL BE FREE OF INACCURACIES OR ERRORS
    • (c) WILL MEET YOUR REQUIREMENTS, OR
    • (d) WILL OPERATE IN CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE

    WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

  2. EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF CATIPULT PLUS LEVEL, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. LIMITATION OF LIABILITY. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH YOUR USE OF CATIPULT PLUS LEVEL EXCEED THE AMOUNT PAID TO US BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
  4. SOME CATIPULT PLUS LEVEL MEMBERS HAVE ACCESS TO THE FORUM IN CATIPULT PLUS LEVEL that enables individual Catipult Plus Level members to conduct discussions with each other and express their own views. WE DO NOT MONITOR THE FORUM, AND the VIEWS EXPRESSED IN the FORUM will not necessarily reflect the views of US. Nothing expressed in the forum will supersede this Agreement or any of the Guidelines.

16. Indemnification

You agree to indemnify and hold Us and Our employees, representatives, agents, affiliates, directors, officers, managers, members and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third party claim, demand, or action ("Claim") brought against any of the Parties arising out of or related to:

  • (a) a breach or an alleged breach of any provision of these Terms, or
  • (b) any act or omission related to any CATIPULT implementation, training, coaching and/or consulting services you may provide.

If you have to indemnify Us under this section, We will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Our express written permission.

17. Termination

  1. Termination. You may cancel your Catipult Plus Level membership at any time by completing the steps to cancel your Catipult Plus Level membership on the "My Account" section of Catipult Plus Level. You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of Catipult Plus Level, including, without limitation, if We believe, in Our sole and absolute discretion, that you have breached these Terms or the Guidelines. You acknowledge and agree that all suspensions and terminations shall be made in Our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination. Any fees appropriately charged and received prior to termination will not be refunded or prorated.
  2. Failure to maintain an active Catipult Plus Level membership will result in termination of your Catipult Plus Level account and your Limited License.
  3. Survival. Upon cancelation or termination of your Catipult Plus Level membership, your Limited License is automatically revoked, and you may not retain copies of Website Content from Catipult Plus Level.
  4. Each of the following of your obligations will survive termination and/or cancellation of your Catipult Plus Level membership:
    1. obligation not to alter, misuse, modify, or redefine any of the Trademarks
    2. obligation not to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Website Content
    3. obligation not to download or repost any video content from Catipult Plus Level
    4. obligation not to file for trademark protection for any of the Trademarks in any jurisdiction unless We have given you express permission to perform such a filing
    5. obligation to not disparage Catipult, Inc. or the to existing or potential clients of Catipult, Inc. or to other CATIPULT Certified Coaches
  5. We may terminate your Catipult Plus Level membership, revoke your Limited License, and/or revoke your status as a Professional CATIPULT Certified Coach or Certified CATIPULT Certified Coach for violating the Guidelines, the Terms, or the criteria for being Professional CATIPULT Certified Coach of Certified CATIPULT Certified Coach, or for convenience.
  6. If your status as a Professional CATIPULT Certified Coach or Certified CATIPULT Certified Coach is revoked, your license to use the mark "Traction" (or a foreign translation of "Traction") in your business name, tagline, and/or URL, if you have such a license, will be terminated, and you may no longer hold yourself out as a Professional CATIPULT Certified Coach or a Certified CATIPULT Certified Coach.

18. Notice

All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by electronic mail. If you give notice to Us, you must use the following address: operations@catipult.ai. If Catipult, Inc. provides notice to you, We will use the email address provided by you to Us. All notices will be deemed received 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. Also, you understand that this Agreement and the Guidelines, including the Branding Microsite, may be updated from time to time without notice to you.

19. Miscellaneous

  1. These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. You agree to submit to the exclusive jurisdiction of the applicable state and federal courts for the County of Los Angeles, State of California.
  2. These Terms are not assignable or transferable by you without Our prior written consent.
  3. These Terms (including all of the policies described in these Terms which are hereby incorporated herein by this reference, including the Guidelines) contain the entire understanding between Us and you regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between Us and you.
  4. No failure or delay by Us in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved.
  5. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
  6. We are not liable for any delay or failure in performance resulting directly or indirectly from causes beyond Our reasonable control, including, without limitation, failure of the Internet; power failure; failure of computer; telecommunication or other equipment; strikes; labor disputes; riots; insurrections; civil disturbances; shortage of labor or materials; fires; floods; storms; explosions; acts of God; attacks by hackers; war; governmental actions; orders of domestic or foreign courts; or non-performance of third parties.
  7. If you breach any of these Terms, We shall be entitled to any and all remedies available to Us under the law, including, but not limited to, the reimbursement of any and all attorneys' fees and costs incurred by Us.
  8. If you have questions or concerns regarding these Terms you should contact Us by writing operations@catipult.ai